Cheng v Geussens (No 2)

[2014] NSWCA 254

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Pre-trial offer not renewed on appeal
5. › Whether indemnity costs should be ordered where appeal result less favourable than offer
6. › Whether failure to renew offer relevant to costs discretion
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15, 51.47, 51.49
1. Practice and Procedure
2. › Costs
3. › Appellate costs
4. › Whether appellate court should make costs orders for proceedings below not yet finally determined
5. › Uniform Civil Procedure Rules 2005 (NSW), r 42.17
1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Disclosure to court
5. › Whether disclosure prohibited where all questions of liability and relief on the issue the subject of the offer have been determined
6. › Uniform Civil Procedure Rules 2005 (NSW), r 20.30

Quick Take

A pre-trial offer of compromise that is not renewed in appeal proceedings will be relevant to the appellate costs discretion under UCPR r 51.49, but the failure to renew the offer weighs against an order for indemnity costs even where the appeal result is less favourable to the offeree than the terms of the offer. The Court of Appeal will not make costs orders for proceedings below that have not been finally determined.